MASEK v. BRANDT

No. 743061.

26 Ohio Misc. 178 (1971)

MASEK v. BRANDT, ADMX., ET AL.

Common Pleas Court of Cuyahoga County, Probate Division.

Decided January 18, 1971.


Attorney(s) appearing for the Case

Messrs. Sweeney, Maher & Vlad and Mr. Robert E. Sweeney, for complainant-petitioner.

Mr. Bernard H. Niehaus, for defendants.


MERRICK, P. J.

This is an action for a declaratory judgment to determine the heir or heirs of Mary J. Brown, deceased.

The complainant petitioner alleges that he was born out of wedlock, the child of the decedent and that he is entitled to inherit her entire net estate under the statutes of descent and distribution, especially R. C. 2105.17:

"Bastards shall be capable of inheriting or transmitting inheritance...

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